Aid Workers Act

Original Language Title: Entwicklungshelfer-Gesetz

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Development Helper Law (EhfG)

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EhfG

Date of issue: 18.06.1969

Full quote:

" Development aid law of 18. June 1969 (BGBl. 549), as last amended by Article 16 (1) of the Law of 19. October 2013 (BGBl. I p. 3836) "

:Last modified by Art. 16 (1) G v. 19.10.2013 I 3836

For details, see the Notes

Footnote

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Measures on the basis of EinigVtr cf. SonntRPapIndAusnV Annex EV;
No longer apply gem. Art. 1 No. 12
G v. 21.1.2013 I 91 + + +)
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entry formula

The Bundestag, with the consent of the Bundesrat, has the following law decided:

I.
General Part

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§ 1 Development Helper

(1) Development aid worker within the meaning of this law is who
1.
in developing countries without work intent To contribute to the progress of these countries in partnership (development service),
2.
to the performance of the development service in the case of an uninterrupted period of at least two years in relation to a recognised development service institution,
3.
for the Development service only receives services provided for by this law
4.
the 18. for the purposes of Article 116 of the Basic Law or of a national of another Member State of the European Communities.
(2) As a development aid worker within the meaning of this Act, he shall also be deemed to be a development worker. A recognised institution of the development service is prepared to provide development service (preparatory service), which receives only benefits for the preparatory service provided for under this law, not to be carried out in addition to the preparatory service in the case of remuneration, and fulfils the conditions laid down in paragraph 1 (2) and (4). Non-official table of contents

§ 2 Support for development service

(1) As a carrier of the development service, legal entities of the private sector may be To the right,
1.
Prepare exclusively or mostly development workers, send and supervise,
2.
offer a guarantee that they will fulfill their task in the long term and the obligations imposed on them under this law
3.
undertake to send development aid workers only to those projects which are subject to the support measures of the Federal Republic of Germany for:
4.
solely and directly for tax-privileged purposes in the sense of § § 51 to 68 of the Tax Code,
5.
its registered office is within the scope of the Basic Law.
Sentence 1 (1) does not apply to legal entities governed by private law, in which only the Federal Republic of Germany Germany, and its purpose is to support the Federal Government in achieving its development policy objectives.(2) The Federal Minister for Economic Cooperation shall decide on the recognition of a carrier of the development service. It may impose conditions on recognition, in particular on the general conditions of the contracts to be concluded with development workers, on the principles of the posting of workers required in the interests of the health of the development aid worker, on insurance cover, on the level of maintenance payments, reintegration allowances and reimbursement of travel expenses, and on the type and duration of training (§ 22) and the preparatory service. The conditions may be granted subject to subsequent changes.(3) The Federal Minister for Economic Cooperation shall revoke the recognition if one of the conditions referred to in paragraph 1 no longer exists, unless the condition of paragraph 1 (1) is to be eliminated only because the conditions laid down in paragraph 1 are not fulfilled. Majority of the posted workers are not a development worker pursuant to § 1 (1) because of a lack of German nationality; the recognition may also be revoked for other important reasons, in particular if an edition has not been fulfilled is. The revocation or withdrawal of recognition shall not affect the rights of the development worker under this Act. Non-official table of contents

§ 3 Financing provided by the Federal Government

The expenses for services provided by the recognised institution of the development service In accordance with this law, the Federal Government may provide financing in the form of grants or contracts in accordance with the funds available in the Federal budget and the directives in force for its award. Non-official table of contents

§ 4 Development Service Contract

(1) The institution has a written contract with the development worker on the development service and the preparatory service, which must provide for the following services of the institution:
1.
Maintenance allowance and benefits in life (maintenance);
2.
one after Termination of the development service to pay appropriate reintegration aid; this shall also apply if the development service is terminated prematurely; however, before the end of six months, only if the development aid worker is to have the early Termination is not to be represented. The reintegration allowance shall not be deemed to be an income within the meaning of laws, regulations and administrative provisions for the promotion of training, professional training and retraining,
3.
Refunds of the necessary travel expenses,
4.
the assumption of the duties that are The Federal Law and the Maternity Protection Act are the responsibility of the employer.
(2) The contract for the Development Service and the Preparatory Service may provide further services for the social protection of the development worker, his/her spouse and of its dependent children under the conditions laid down by the Federal Minister for Economic Cooperation in accordance with section 2 (2).(3) The provisions of this Act, which relate to the existence or the prior existence of a marriage, shall apply mutagenly to the existence or prior existence of a life partnership. The rules relating to the spouse shall apply mutatily to the life partner. Non-official table of contents

§ 5 Benefits by other bodies

(1) Development aid worker on the initiative of the carrier in developing countries in respect of projects carried out by bodies other than the institution, the institution shall ensure that the other body is contractually bound by the obligations referred to in Article 4 (4) to the development aid worker.(2) The benefits referred to in § 4 (1) Nos. 1 to 3, § § 6, 7 (1), § 8 and 11 and admitted pursuant to Article 4 (2) may also be provided by a post in the developing country or the body within the meaning of paragraph 1, which carries out the project.(3) In the case of services of other bodies referred to in paragraph 1 or paragraph 2, the institution shall also be liable to the development worker for a proper performance.

Footnote

§ 5 (1) italic print: See now § 4 para. 1 no. 4

II.
Special Part

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§ 6 Liability Insurance

(1) The The institution is obliged to provide adequate civil liability insurance cover for the development worker and his dependent spouse, as well as his dependent children, who are not only temporarily living with him, to cover the damage and to maintain and maintain those abroad in the service or private sector.(2) The insurance must provide benefits for persons, property and property damage. The agreement of a deductible shall be inadmissible.(3) It should be provided in the insurance contract that an immediate claim against the insurer is to be granted to the injured party.(4) Where the aid worker is entitled to a replacement on account of the damage he has caused to other countries in the service or private sector, the institution shall, until such time as the insurance has entered into force, provide adequate protection and assistance to the person responsible for the protection of the person. . Non-official table of contents

§ 7 Health Insurance

(1) For the time of development service, the institution has a group insurance contract. shall, in the event of sickness, be completed and maintained by the aid worker and his dependent spouse and dependent children, as long as they are outside the scope of this law, the unbinding and the accident, insofar as benefits are not provided under social insurance legislation or in accordance with § 10 of this law, are granted insurance cover with at least the following benefits:
1.
Repayment of disease costs and fees at full cost up to 5,000 DM per insurance case (Sickness, delivery, accident),
2.
Repayment of repatriation and transfer costs.
In the group insurance contract, it must also be determined that the Insured persons have the right to take out insurance within one month after leaving the group insurance contract or after termination of the group insurance contract as individual insurance according to the applicable disease cost rates to continue. Diseases which the development worker or a member of the family within the meaning of sentence 1 has received during the duration of his insurance contract in the group insurance contract shall be included in the insurance cover without risk surcharge.(2) For the time of the preparatory service, the institution shall, in the event that the development worker is insured in the statutory health insurance, take on the contributions in full; shall be the aid worker or a member of the family in the For the purposes of the first sentence of paragraph 1 already insured in a private sickness insurance scheme, the institution shall be responsible for the contributions or premiums to be paid in the amount of the expenses, but at the most the amount of the contributions or premiums for an insurance subject to insurance. Employees who have a work earnings at the level of the contribution rate applicable to statutory health insurance should be paid; the contribution rate of the general local sickness fund responsible for the seat of the institution shall be based on: . If, for the purposes of the first sentence of paragraph 1, the aid worker and the members of his family are not insured for that period in the statutory health insurance or otherwise in a private sickness insurance scheme, the institution shall, in accordance with Paragraph 1.(3) The development worker or a member of the family within the meaning of the first sentence of paragraph 1 shall be incurred by the entry of an insurance case (paragraph 1 (1) or (2)) of the necessary costs which are not covered by the provisions of paragraph 1 or by means of benefits under the conditions laid down in paragraph 1. social insurance legislation, the Federal Government shall bear the Federal Government ' s social security legislation in so far as the total cost does not exceed the normal costs. To this extent, the Federation may also assume costs which are grown after the end of the development service, provided that this is offered for the purpose of wasting an unreasonable hardship. Non-official table of contents

§ 8 Maintenance of maintenance services

(1) If the development worker is prevented from providing the service, he or she has the prevention shall not be deliberately brought about, the institution shall continue to grant him the contractual maintenance benefits for the duration of the prevention, but not later than the end of the sixth week; this shall also apply if during that period the the service relationship of the development worker is dissolved.(2) In the event of pregnancy of a development worker, the institution shall continue to grant the contractual maintenance benefits for the duration of the protection periods in accordance with section 3 (2) and section 6 (1) of the Maternity Protection Act, even if that is the case. Service ends at the time of the protection periods. Non-official table of contents

§ 9 Tagegeld in the case of incapacity for work

(1) If the development worker is unable to work, the federal government shall grant him/her in connection with the the benefits under section 8 (1) of a daily allowance in the amount of the transitional allowance from the statutory accident insurance scheme,
1.
if the incapacity for work is not the result of an accident at work or a health disorder within the meaning of § 10 para. 1,
2.
if the development worker did not intentionally bring about work incapacity, and
3.
there is no entitlement to sickness benefit from the statutory health insurance.
If the service relationship of the development worker is dissolved during the incapacity for work, the claim for daily allowance shall remain unaffected.(2) Tagegeld shall be granted on account of the same sickness or inactivity for the longest period for seventy-eight weeks, calculated from the date of the onset of incapacity for work.(3) The entitlement to daily allowance ends with the day from which
a)
pension due to full employment reduction, Invalidity or old-age pension from statutory pension insurance or
b)
a corresponding benefit from a person referred to in Article 2 (1) of the Employee Insurance-New Law in the version of the Finance Amendment Act 1967 of 21. December 1967 (BGBl. 1259) of life insurance exempt from the obligation of insurance, in which the employer has participated in contributions to contributions, or
c)
a corresponding Benefits from an insurance or supply facility within the meaning of the insurance exemption provision in the statutory pension insurance scheme.
If daily allowances have been paid beyond that period, the amount of the allowance shall be paid to the Entitlement to the benefits referred to in points (a) to (c) up to the amount of the daily allowances paid for the same period of time. If the daily allowance exceeds the above-mentioned benefits, the excess amount cannot be recovered.(4) If the claimant is entitled to a pension due to partial incapacity or invalidity from the statutory pension scheme during the daily allowance, the daily allowance shall be paid by the amount of the pension awarded for the same period . In so far as the pension is granted retroactively from the statutory pension insurance, the pension entitlement shall be applied to the federal government. The same applies to the benefits referred to in points (b) and (c) of paragraph 3, if they are granted on account of partial or incapacity to work.(5) The entitlement to a daily allowance shall be waited as long as transitional allowance is granted by a institution of the pension insurance scheme. The second and third sentences of paragraph 3 shall apply accordingly.(6) If the claimant is entitled to receive services or pensions during the day-to-day allowance, according to official legal regulations or principles or corresponding church law regulations or a pension from a If the remuneration is not lower than the daily allowance, if the remuneration is not lower than the daily allowance, then paragraph 3 shall apply, if the remuneration is not lower than the daily allowance; otherwise, paragraph 3 shall apply mutadenly. shall apply in accordance with paragraph 4. Non-official table of contents

§ 10 Benefits in health disorders or death due to typical risks of the developing country

(1) Is a -the health disorder or the death of the aid worker is due to circumstances which are peculiarable to the developing country and which constitute a particular danger to development workers outside the development service, and are based on the If a health disorder or death does not result in an accident at work or an occupational disease, the Federal Government shall grant the person entitled to benefits from the statutory accident insurance in the event of an accident at work or an occupational disease. had been. There is no entitlement to the benefits if the aid worker has deliberately brought about the health disorder or death.(2) In the event of a health disorder as referred to in paragraph 1, the development worker shall be reduced or incapaciated (Sixth Book of Social Code) or die in its consequences, and the waiting period in the pension insurance shall not be fulfilled, The person entitled to receive benefits from the Federal Government shall be entitled to the amount which he received from the statutory pension insurance in the event of the withdrawal of the waiting period. This shall not apply if the person entitled to the public service receives the provision of a public service according to the legal provisions or principles or the relevant provisions of the church law or a pension from an additional public service provider. or the institution has received a contribution grant to a public or private insurance undertaking which has been exempted from the insurance obligation in the employment insurance scheme. The second sentence of paragraph 1 shall apply accordingly.(3) In the event of a performance referred to in paragraph 1, together with a performance referred to in paragraph 2, the provisions of the Sixth Book of the Social Code shall apply to the overlapping of pensions and benefits arising from the accident insurance scheme. Non-official table of contents

§ 11 Benefits in the event of disability, disability, occupational disability, or death

The institution is , to submit the application for compulsory insurance in the statutory pension insurance at the beginning of the service period for all development workers who meet the conditions set out therein and not on the basis of section 18 (3) of the Income limit-increase law of 13. August 1952 (Bundesgesetzbl. 437), or in Article 2 (1) of the Law on the New Law of the Insurance Act, in the versions in force in each case, from the obligation to insure insurance in the employee's insurance. Aid workers for which the application for insurance in accordance with the first sentence is not to be submitted and which is voluntary in the statutory pension insurance scheme or in a public or private insurance scheme exempting insurance from the obligation to provide insurance. Insurance undertakings, the institution shall, at the most, have contributions to such insurance, in the amount of the contributions which it would have to pay in the case of compulsory insurance, up to the maximum of the amount actually paid. contributions, to be granted. The obligation of the institution under the terms of sentences 1 and 2 shall not apply where development workers are eligible for life-long care and survivor ' s care in accordance with the rules or principles or the relevant principles or principles of civil service law the church regulations are guaranteed. Non-official table of contents

§ 12 Professional reintegration

If you are looking for a new job after completing the development service, you should: , taking into account the particular experience and knowledge which it has acquired during the Development Service and the Preparatory Service, it shall be conveyed and promoted in a professional way. Unofficial table of contents

§ 13 Unemployment compensation for unemployment

(1) For a claim to benefits under the third book The Social Code is the same as the times of the development service, including the preparatory service, in the periods of an insurance obligation under the right of employment promotion.(2) In determining the remuneration for the performance of the service, the remuneration for the period of service to be taken into account in accordance with paragraph 1 shall be based on the remuneration in accordance with section 152 of the Third Book of the Social Code.(3) The federal government shall reimburse additional expenses incurred by the Federal Employment Agency by means of the regulation of paragraph 1. Administrative costs will not be reimbursed. Nonofficial table of contents

§ 14

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§ 15 Tagegeld bei unemployment

(1) If the unemployed person is unemployed within four weeks after the end of the development service, a later employment subject to sickness insurance or the payment of unemployment benefit unable to work and has no entitlement to sickness benefit from statutory health insurance, he shall receive a daily allowance in the amount of the unemployment allowance from the day on which the incapacity for work begins.(2) If the unemployed person is admitted to a hospital, genesis, recreation or health care home at the expense of insurance pursuant to § 7 (1), 2 or of the Federal Government in accordance with § 7 (3), twenty-five of the hundred of the daily allowance shall be payable. The amount is increased to sixty-sixty-two-thirds of the hundred for the first of the family members, who until now have been mainly held by him, and by a further ten from the hundred-to the full extent of the daily allowance-for each of the other such relatives. The daily allowance, calculated in accordance with the second sentence, may be paid directly to the relatives, provided that it exceeds twenty-five from the hundred of the unshortened daily allowance.(3) The entitlement to a daily allowance shall be excluded if three years have passed since the termination of the development service. In addition, § 9 applies accordingly. Non-official table of contents

§ 16 Determination of benefits, administrative responsibility

(1) The Federal Government pursuant to Section 7 (3), § § 9, 10 of this Act The benefits shall be determined on request.(2) The performance of the tasks pursuant to § 7 para. 3, § § 9, 10, 15 of this Act is the responsibility of the Federal and German Accident Insurance (Bund und Bahn).(3) (omitted) unofficial table of contents

§ 17 rules of civil service law

(1) acquires a development worker or a former A development worker who has received a development service of no more than three years and whose duty to provide basic service or civil service shall be engaged by the development service provided until the end of six years months after the end of the development service relationship with recruitment as a civil servant, and if he is recruited to the preparatory service, after the acquisition of the qualification for the career path, the employment shall not be deferred beyond the date of the completion of the employment contract, to which the official would have been employed without a development service until the duration of the basic service. This does not affect the rehearsals of the prescribed trial period. The rates 1 and 2 shall apply in the case of carriage, provided that the service warrants a promotion during the probative period.(2) A former development worker who has received a development service of no more than three years and whose duty to provide basic service or civil service shall be engaged by the development service provided shall commence, in the The development service shall be subject to a training (higher education, technical or practical training) required for the future occupation of a civil servant or a judge, or shall be interrupted by the development service, paragraph 1 shall apply: accordingly, if he or she acquires himself as a civil servant or judge by the end of the six-month period after completion of the training and is recruited on the basis of this application. Periods of service which are necessary for a promotion shall commend for the judge set up under the conditions set out in the first sentence, with the date on which he or she shall, without the provision of a development service, continue until the duration of the basic service. He had been appointed for life.(3) Paragraphs 1 and 2 shall apply in accordance with an earlier development worker whose training for a later civil servant relationship shall be replaced by a fixed perennial activity in the employment relationship in place of the otherwise prescribed Preparation service is carried out. Non-official table of contents

§ 18 testimony

When the development service is terminated, the development worker may bear a written certificate from the institution. about the nature and duration of the development service and the preparation. The certificate shall be extended at the request of the services and the guidance during the service period. Non-official table of contents

§ 19 Legal Path

(1) The courts are the courts for civil litigation between the institution and the development workers. responsible for work.(2) For public-law disputes in the cases of § 7 para. 3, § § 9, 10, 15 of this law, the legal path to the courts of social justice is given.

III.
Change of Laws

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§ § 20 to 22 ----

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IV.
Transition-and Final rules

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§ 23 Previous legal relationships

Has anyone in the service of a carrier of the If, prior to recognition of that service, a development service has suffered damage which would constitute a claim for benefits under Section 7 (3), § 8, 9, 10 or 15 of this Act, such benefits shall be provided with effect from the date of recognition of the institution of the Development service to be granted. The damage within the meaning of § 10 shall also apply to unemployment and the consequences of an accident or illness which someone before the recognition of a carrier of the development service in the case of an activity corresponding to that of a development aid worker shall be deemed to be: if the accident or the illness is not an accident at work or an occupational disease. Account shall be taken of the benefits which the beneficiary has received, or receives, from the institution of the development service or from private insurance contracts awarded by the institution of the development service or of a body in the developing country for the benefit of the person concerned for the damage caused by the institution of the development service or of have been completed before the institution has been recognized in accordance with § 2 of this law. Non-official table of contents

§ 23a Transitional provision to § 13

(1) The entitlement to unemployment benefit is before the 1. § 13 para. 2 no. 2 in the up to 31 January 1985 was created. The Commission shall apply in force in December 1984.(2) Is in the time of 29. up to the 31. If the unemployed person is entitled to unemployment benefit for a period of 312 days, that entitlement shall be increased to 468 days if the unemployed person is entitled to a claim 49. Year of life was completed. Non-official table of contents

§ 23b Transitional provision on § 13

(1) Time of development service, including the preparatory service, which shall be the creation of a right to unemployment benefit shall not be taken into account for entitlement to unemployment benefit under the Third Book of Social Code.(2) § § 13, 14, 15 para. 1, § 16 para. 3 and § § 19 and 23 in the up to 30. The current version of the European Parliament and the Council of 18 June 1987 on unemployment benefit, which is before the 1. The report was adopted in July 1987 and continued to apply. Non-tampering table of contents

§ 23c Transitional provision for § 10

inventory on 31 December § 10 (1) and (2), § 312 of the Sixth Book of Social Code shall be applied accordingly, even if the health disorder or death after 31 December 1991 is entitled to benefits. 1 December 1978. Non-official table of contents

§ 24 Validate in Berlin

This law applies with the exception of § 22 in accordance with § 12 and Section 13 (1) of the Third Party Transfer Act of 4. January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Non-official table of contents

§ 25 Entry into force

This law will enter into force on the day after the announcement.

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